Remand Proper Without Evidence of Fraudulent Joinder

U.S. District Court for the Northern District of California, September 3, 2021

Plaintiff John Rathbun was diagnosed with terminal mesothelioma on July 8, 2020, and on December 22, 2020, he and his wife filed suit in state court, asserting claims for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, and loss of consortium. On April 30, 2021, Chattem removed this action to federal court on diversity grounds, and the plaintiffs have filed a motion to remand to state court.

The defendants argue that the two …

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Bankruptcy Judge Declines to Prevent Hypothetical Talc Liability Restructuring

Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder

Reports have circulated that Johnson & Johnson is considering a strategic plan to move its liabilities from talcum litigation related to baby powder and other products into a newly created business that would later seek bankruptcy protection. Recently, lawyers for plaintiffs requested that the bankruptcy judge block the move of Johnson & Johnson. However, bankruptcy judge Laurie Selber Silverstein declined to prevent Johnson …

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Summary Judgment Proper When Plaintiffs Fail to Establish Sufficient Exposure to Asbestos

U.S. District Court for the Western District of Washington, August 5, 2021

Decedent John Dale Wineland, who developed mesothelioma and subsequently died, worked aboard Navy ships and in Navy offices between 1963 and 1984. The plaintiffs allege that the decedent was exposed to asbestos contained in Cleaver-Brooks products while aboard the USS Tuscaloosa, where he worked in the engine rooms. The plaintiffs assert that defendant Cleaver-Brooks is liable for the decedent’s illness and death under theories of negligence and strict liability.

Cleaver-Brooks filed a …

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Premises Defendants Liable for Take-Home Asbestos Exposure

Supreme Court of Utah, August 5, 2021

Larry Boynton brought this suit on behalf of his deceased wife, Barbara Boynton, alleging that her indirect exposure to asbestos from Larry’s job sites in the 1960s and 1970s, through asbestos dust left in the family car and Barbara’s laundering of Larry’s work clothes, caused her mesothelioma and resulting death. The three job site operator defendants each moved for summary judgment, arguing that they did not owe a duty of care to Barbara. The district court denied the …

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Proof of Claim Bankruptcy Documents Ruled Discoverable with Redaction of Settlement Amounts and Sensitive Medical Information

Supreme Court of the State of New York, County of Monroe, July 15, 2021

In this case, the plaintiff moved for a protective order granting partial relief from Subpoenas Duces Tecum served on non-party bankruptcy trusts. The plaintiff requested redactions of information regarding settlement amounts, nonparty-affiant personal information, highly sensitive and personal medical issues, and claim specific identification information generated by the trusts. The plaintiff additionally moved for in-camera inspection citing privacy concerns, while conceding that there was not privilege or prejudice.

The defendants opposed …

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Military Contractor Defense Does Not Apply to Manufacturers of Commercial Insulation

U.S. District Court for the Western District of Washington, July 22, 2021

Plaintiff George Kraemer alleges that he was exposed to asbestos and asbestos-containing products manufactured and sold by defendant Lone Star Industries (Lone Star) that were used at locations where his father worked as an insulator between 1942 and 1945. He also alleges that he was exposed to asbestos through his own workplace. On October 1, 2020, the plaintiff and his wife initiated this action in King County Superior Court against Lone Star and …

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Court Denies Boiler Manufacturer’s MSJ Finding Dispute of Fact over Substantial Factor Causation

U.S. District Court for the District of Delaware, July 16, 2021

The plaintiff filed this personal injury action against multiple defendants in the Superior Court of Delaware asserting claims arising from the decedent’s harmful exposure to asbestos. The plaintiff alleges the decedent developed mesothelioma as a result of exposure to defendant Foster Wheeler’s asbestos-containing equipment during the decedent’s service as a boiler tender in the United States Navy. Foster Wheeler removed the case to federal court based on the federal officer removal statute. Subsequently, Foster …

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Mesothelioma

Asbestos Snow Manufacturer Granted Partial Summary Judgment in its Successor-in-Interest Capacity

U.S. District Court for the Southern District of Texas, Houston Division

The plaintiffs brought suit against Novelis Corporation, arguing that decedent Larry Petrie’s mesothelioma and death were caused by exposure to the defendant’s asbestos-containing product, Snow Drift, while decorating the family Christmas tree. The decedent and his family would throw the product on the tree, and he and his siblings would have snowball fights with it. Defendant Novelis moved for summary judgment on all of the plaintiffs’ claims.

Novelis argued that it is not liable …

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Removal by Laundry Equipment Manufacturer Untimely Based on Service of Plaintiffs’ Discovery Responses

U.S. District Court for the Southern District of New York, July 8, 2021

Plaintiffs Domenic and Carol Pezzo brought suit against numerous defendants, alleging that the defendants exposed Domenic to asbestos through the course of his employment in various private and public sector roles. On December 10, 2020, almost three months after the suit was initiated, defendant AMETEK, Inc. removed the action to federal court, invoking federal officer removal jurisdiction pursuant to 28 U.S.C. § 1442(a) based on information learned through discovery. The plaintiffs argued …

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Summary Judgment in Favor of Oil Defendants Upheld Due to Lack of Control of Iranian Facilities

Court of Appeal of California, Second Appellate District, Division Seven, July 7, 2021

In this case, the plaintiffs brought wrongful death and survivor claims, alleging that their deceased father contracted mesothelioma through exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company from the late 1950s to the late 1970s in facilities controlled by the defendants. The plaintiffs appealed a judgment entered by the trial court granting motions for summary judgment filed by the defendants Chevron Corporation, Chevron U.S.A. …

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